| Date: | 03/22/2006 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No. 009078-01 |
| Location: | Boston |
- Employee: Susan J. Sacco
- Employer: Lane Bryant
- Insurer: Hartford Insurance Company
McCARTHY, J. This case is before us on cross-appeals. We summarily affirm the decision of the administrative judge with respect to the employee's appeal of the denial of her claim for weekly permanent and total incapacity benefits under § 34A of the Act. In its appeal, the insurer raises a single issue. It argues that the administrative judge's use of the February 6, 2004 statutory exhaustion date of the employee's § 34 benefits as the inception date for the award of partial incapacity benefits under § 35 is not grounded in the evidence and, therefore, wrong as a matter of law. We disagree.